(1) They are the judges of the qualifications, elections, and returns of their own members.

(2) They choose their own officers, except that the lieutenant governors in the States having such an officer are the constitutional presidents of the Senates.

(3) The House of Representatives has the sole power of impeachment, while the Senate is the trial court. Some States, however, associate members of the judiciary with the Senate in the trial of impeachment cases. For instance, the constitution of New York constitutes the President of the Senate, the Senators, or a major part of them, and the Judges of the Court of Appeals, or a major part of them, such a

court.

673. LEGISLATIVE POWERS.-The powers of legislation that are reserved to the States, or to the people, are far more numerous than those delegated to Congress. Still, the State legislature by no means possesses all these reserved powers. The people prohibit the legislature to exercise the powers that they wish to retain in their own hands. There is no express delegation of power. No State constitution contains such a section as Section 8, Article 1, of the National Constitution: "Congress shall have power," followed by an enumeration of the principal powers of legislation delegated. Such of the reserved powers as are not denied them the legislatures may exercise. 674.

LEGISLATIVE POWERS RESERVED.-These differ in different States. However, all the States that have adopted new constitutions in recent years have shown an increasing jealousy of the legislative department. The Pennsylvania constitution devotes an entire article of thirty-two sections to limiting the power of the legislature. Montana provides that the legislative assembly shall not pass local or special laws on more than thirty enumerated subjects. The constitution of

Ohio says: All laws of a general nature shall have a uniform operation throughout the State." The purpose of such provisions is to prevent the evils growing out of special legislation.

675. MODES OF LEGISLATION. The provisions relating to this subject are commonly much more minute than those found in the National Constitution. Still, State modes of legislation do not widely differ from those followed in Congress. Some constitutions prescribe that bills on all subjects may originate in either house; others, that bills for raising revenue must originate in the lower house. Some provide that all legislation must be by bill; others are silent on this point. It is common to specify that no bill shall relate to more than one subject, and that this shall be distinctly stated in the enacting clause. Enacting clauses are of different forms. In Ohio it is: "Be it enacted by the General Assembly of the State of Ohio." In Michigan: "The people of the State of Michigan enact.'

676. ENACTING LAWS.-The rules regulating this subject are established by the constitution. Sometimes a majority of a quorum suffices to carry a measure, but commonly a majority of all the members elected to each house is necessary. In four States, Rhode Island, Delaware, North Carolina, and Ohio, the action of the legislature alone is sufficient for the enactment of laws, as they have never given their governors the veto power. Nor did the following States give their governors the veto until the dates mentioned: Connecticut, 1818; Maryland and South Carolina, 1867; Tennessee and Virginia, 1870; West Virginia, 1872.

Forty States require all bills, and twenty-three States joint resolutions also, to be sent to the governor for his approval before

they become laws. The rules relating to the subject are minute and cannot be summarized.

New York in the years 1777-1821 entrusted the veto to the Governor, Chancellor, and Judges of the Supreme Court. Illinois, 1818-1848, gave the same power to the Governor and Supreme Judges. In Vermont, previous to 1838, the Governor and Council could suspend a law until the following session of the legislature.

CHAPTER IV.

THE STATE EXECUTIVES.

677. VESTING THE EXECUTIVE POWER.-Some of the States vest the supreme executive power in the governor. Some say it shall consist of the governor, lieutenant governor, and the heads of certain enumerated departments. But this distinction is more in name than in fact, as we shall soon see.

678. ELECTIONS, TERMS, AND SALARIES.-These are regulated in the constitutions and laws, details being commonly left to the laws. The States present a considerable variety of provisions relating to these subjects. Most of them hold their elections on the day fixed by Congress for the election of National Representatives, Tuesday after the first Monday of November. In most States a plurality of the votes cast suffices for an election, but in a few a majority is required. In the last case, when the people fail to elect, the legislature chooses one of the candidates voted for. In all the States holding gubernational elections in November, the term begins on or near the first day of January following.

In Massachusetts and Rhode Island the term is one year; in New Jersey and New York, three years; in California, Delaware, Florida, Illinois, Indiana, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nevada, North Carolina, Oregon, Pennsylvania, Virginia, Washington, West Virginia, and Wyoming, four years; in the other States, two years. The gubernatorial salary ranges from $1,000 in New Hampshire, Rhode Island, and Vermont to $10,000 in New York and Pennsylvania.

679. THE DUTIES OF THE GOVERNOR-In general, these are inferior to the duties of the Colonial Governor, who was a vice-regal officer. First of all, the Governor must see that the laws of the State are faithfully executed. He gives the legislature information of the affairs of the State, in a message at the beginning of every session. He may, when the occasion calls for it, convoke the legislature in special session; and in such cases he states in his message his reasons for doing so, and the legislature, as a rule, can legislate only upon the subjects that he thus brings to their attention. He nominates, and by and with the consent of the Senate, appoints all State officers whose appointment is not otherwise provided for. He fills vacancies in office occurring in the recess of the Senate. Except in those States that have entrusted the business to a board of pardons, he grants reprieves and pardons to convicted offenders, unless in cases of impeachment. In all the States but four he has a limited veto on legislation. In some States the Governor is clothed with far more power than in others.

680.

COMMANDER-IN-CHIEF OF THE MILITIA.-The Govornor is commander-in-chief of the militia of the State, except when it is called into the service of the United States. He may call out the militia to execute the State laws, to repel invasion, and suppress insurrection. As the commander of the militia, he appoints a military staff; adjutant, quartermaster, and commissary generals, and aids-de-camp, and sometimes also the higher militia officers.

681. THE EXECUTIVE DEPARTMENTS.-Every State has a Secretary of State, who keeps the State records, and has in his keeping the great seal, and a Treasurer, who is custodian of the State funds. Almost always there is an Auditor or Comptroller, whose business it is to examine and audit the public accounts, and draw warrants upon the Treasurer. Com